Make false accusations

If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.

Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.

Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.

Make false accusation can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or up to 7 years (If heard in the District Court).

Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.

If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.

A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.

National Criminal Lawyers have defended numerous people charged with Make false accusations and are experts at these hearings.

Some of the possible defences available for those charged with Make false accusations can include;

1. 1. • • that you had no intention of making someone the subject of an investigation (even if you knew the accusation wasn’t true);
        • that you believed the accusation you made to was true;
        • that you didn’t in fact make the accusation that was alleged;
          • If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
          • If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”.

The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green [2011] HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:

“Equal Justice” embodies the norm expressed in the terms “equality before the law”. It is an aspect of the rule of law.

For Make false accusations 13% of offenders received full time imprisonment whereas 43% received a s9 good behaviour bond.

In NSW, a court can impose any of the following penalties for a Stealing a Motor Vehicle or Vessel charge.

1. 1. • Prison sentence
      • Home Detention
      • Intensive correction order (previously periodic detention)
      • Suspended sentence
      • Community service order (CSO)
      • Good behaviour bond
      • Fine
      • Section 10

However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:

1. 1. • Full time Imprisonment
      • New ICO (ICO) with a home detention condition available
      • New Community Correction Order (CCO)
      • Fine
      • New Conditional release Order (CRO)

For more information, please visit our dedicated page on Penalties.

Our client was arrested and charged under s314 of the Crimes Act 1900 (NSW) for making false accusations against her boyfriend. To be found guilty it needed to be proven that the accusation was in fact false, that it was deliberately made with the intention of being investigated, and that the person who made the accusation knew they were innocent. The Crown was unable to prove that the accusation was false and as such our client was acquitted of the charge.